Solicitation - City of Phoenix, AZ · Web viewA. 025 (Air Compressor and Accessories - Includes all Class Items under 929) B. 890 (Water Supply, Groundwater, Sewage Treatment and

CITY OF PHOENIXProcurement Division

INVITATION FOR BID IFB 15-120 (LJ)

SPECIALTY VEHICLES AND EQUIPMENT MAINTENANCE AND REPAIR SERVICES – REQUIREMENTS CONTRACT

CONTACT PERSONLarry Jue

Senior Buyer602-262-7188

[email protected]

TABLE OF CONTENTS


251 W. Washington Street 8th Floor

Phoenix, AZ 85003Phone: (602) 262-7181

Instructions Section ISolicitation Response ChecklistIntroductionVendor Management RegistrationSchedule of EventsObtaining a Copy of the Solicitation and AddendaPreparation of BidAddendaLicensesCertificationSubmission of Bid Withdrawal of OfferBid Results Award of ContractCity’s Right to Disqualify for Conflict of InterestOfferor’s Compliance with Health, Environmental and Safety RequirementsSolicitation Transparency PolicyProtest and Appeals Process

Standard Terms and Conditions Section IIDefinition of Key Words Used in the SolicitationContract Interpretation Contract Administration and OperationCosts and PaymentsContract ChangesRisk of Loss and LiabilityWarrantiesCity’s Contractual RightsContract Termination

Special Terms and Conditions Section III

Scope Section IV

Submittals Section V

Attachments Section VI

Solicitation No. IFB 15-120 (LJ) Page 2 of 42

SECTION I - INSTRUCTIONS



Phoenix, AZ 85003Phone: (602) 262-7181

Please read this before continuing on to the bid document.

SOLICITATION RESPONSE CHECK LIST

Check off each of the following as the necessary action is completed.

□ 1. All forms have been signed. All of Section V, Submittals, is included.

□ 2. The prices offered have been reviewed.

□ 3. The price extensions and totals have been checked.

□ 4. Any required drawings or descriptive literature have been included.

□ 5. The delivery information block has been completed.

□ 6. If required, the amount of the bid surety has been checked and the surety has been included.

□ 7. Review the insurance requirements, if any, to assure you are in compliance.

□ 8. The specified number of copies of your offer has been included.

□ 9. Any addenda have been signed and are included.

□ 10. The mailing envelope has been addressed to: City of Phoenix, Procurement, 8th Floor, 251 W. Washington Street, Phoenix, AZ 85003.

The mailing envelope clearly shows:Your company name and address, the solicitation number, and the bid opening date.

□ 11. The response will be mailed in time to be received no later than 2:00 p.m. local Arizona time.





Phoenix, AZ 85003Phone: (602) 262-7181

1. INTRODUCTIONThe City of Phoenix invites sealed bids for Specialty Vehicles and Equipment Maintenance and Repair Services for a one-year period commencing on or about May 1, 2015, in accordance with the specifications and provisions contained herein.

This solicitation is available in large print, Braille, audio tape, or computer diskette. Please call (602) 262-7181/Fax (602) 534-1933 or TTY (602) 534-5500 for assistance.

2. SOLICITATION NOTICEA notice of this solicitation was issued via the City’s Vendor Management System (http://bizopps.phoenix.gov) using the following commodity codes. To receive any future notifications regarding this solicitation, companies and/or individuals must register with the City’s Vendor Management System and select one or more of the following codes:

A. 025 (Air Compressor and Accessories - Includes all Class Items under 929)B. 890 (Water Supply, Groundwater, Sewage Treatment and Related Equipment – Includes all

Class Items under 809)C. 928 (Equipment Maintenance/Repair Services for Automobiles, Trucks, Trailers – Includes all

Class Items under 928)D. 929 (Equipment Maintenance/Repair Services for Agricultural, Construction, Heavy

Equipment – Includes all Class Items under 929)E. 934 (Equipment Maintenance/Repair Services for Laundry, Lawn, Painting Equipment –

Includes all Class Items under 934)F. 936 (Equipment Maintenance/Repair Services for General Equipment – Includes all Class

Items under 936)G. 941 (Equipment Maintenance/Repair Services for Power Generation and Transmission

- Includes all Class Items under 941)

3. VENDOR SELF REGISTRATIONAny Offeror that is recommended for contract award resulting from this solicitation must be registered in the City’s on-line Vendor Management System (VMS) prior to issuance of a contract award or purchase order. Access to the VMS for registration purposes is available at http://bizopps.phoenix.gov . The City may, at its sole discretion, reject any offer from an Offeror who has not registered in VMS within three (3) business day following award notice.

4. SCHEDULE OF EVENTSBid Due Date: Friday, March 6, 2015 at 2:00 p.m.

Local Arizona Time

Bid Submittal Location: Calvin Goode BuildingCity of Phoenix Finance Department Procurement Division251 W. Washington Street, 8th FloorPhoenix, AZ 85003

Pre-bid Conference Date: February 13, 2015 at 9:00 a.m.Local Arizona Time

Pre-bid Location: Calvin Goode BuildingCity of Phoenix Finance Department


http://bizopps.phoenix.gov/





Phoenix, AZ 85003Phone: (602) 262-7181

Procurement Division251 W. Washington Street, 8th FloorPhoenix, AZ 85003

Inquiries Due Date: February 20, 2015 at 12:00 p.m.Local Arizona Time

City reserves the right to change dates and/or locations as necessary.

5. OBTAINING A COPY OF THE SOLICITATION AND ADDENDAInterested offerors may download the complete solicitation and any/all associated from https://www.phoenix.gov/solicitations. Internet access is available at all public libraries. Any interested offerors without Internet access may obtain this solicitation by calling (602) 262-7181 or picking up a copy during regular business hours at the City of Phoenix Finance Department, Procurement Division, 251 W. Washington Street, 8th Floor, Phoenix, AZ. It is the Offeror’s responsibility to check the website and verify all required information is submitted with their offer.

6. PREPARATION OF BID6.1 All forms provided in Section V, Submittal, must be completed and submitted with your

bid. It is permissible to copy Section V forms if necessary. Erasures, interlineations, or other modifications of your bid shall be initialed in original ink by the authorized person signing the bid. No bid shall be altered, amended or withdrawn after the specified bid due date and time. The City is not responsible for offeror’s errors or omissions. All time periods stated as a number of days shall be calendar days.

Any submission of an alternate term or condition to Sections I, II or III with your offer may result in rejection of your bid. This solicitation is deemed to be thorough and complete to meet the City’s needs.

6.2 It is the responsibility of all offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the IFB document and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which an Offeror has discovered in or between the IFB document and such other related documents.

6.3 The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

6.4 Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that bids submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Bids


https://www.phoenix.gov/solicitations




Phoenix, AZ 85003Phone: (602) 262-7181

offering less than the minimums specified are not responsive and should not be submitted.

6.5 Bid responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products offered. Bids submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

6.6 If provisions of the detailed specifications preclude an otherwise qualified offeror from submitting a bid, a written request for modification must be received by the Deputy Finance Director at least seven (7) calendar days prior to the bid opening. The City may issue an addendum to this solicitation of any approved specification changes.

6.7 Prices shall be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price shall prevail unless obviously in error.

6.8 Prices offered shall not include applicable state and local taxes. The city will pay all applicable taxes. For the purposes of determining the lowest cost, the city will not take the tax into consideration. Taxes must be listed as a separate item on all invoices.

7. ADDENDAThe City of Phoenix shall not be responsible for any oral instructions made by any employees or officers of the City of Phoenix in regard to the bidding instructions, plans, drawings, specifications, or contract documents. Any changes to the plans, drawings and specifications will be in the form of an addendum, which will be available at https://www.phoenix.gov/solicitations or by calling (602) 262-7181. The offeror shall acknowledge receipt of any/all addendum by signing and returning the document with the bid submittal.

8. LICENSES If required by law for the operation of the business or work related to this Bid, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

9. CERTIFICATIONBy signature in the offer section of the Offer and Acceptance page, offeror certifies:

The submission of the offer did not involve collusion or other anti-competitive practices. The offeror shall not discriminate against any employee, or applicant for employment in

violation of Federal or State Law. The offeror has not given, offered to give, nor intends to give at any time hereafter, any

economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

10. SUBMISSION OF BIDBids must be in the actual possession of the Procurement Division on or prior to the exact time and date indicated in the Schedule of Events. Late bids shall not be considered. The prevailing clock shall be the City Finance Department, Procurement Division’s clock.





Phoenix, AZ 85003Phone: (602) 262-7181

Bids must be submitted in a sealed envelope and the following information should be noted on the outside of the envelope:

Offeror’s NameOfferor’s Address (as shown on the Certification Page)IFB NumberIFB Title

All bids must be completed in ink or typewritten. Include the number of copies indicated in the Submittal section.

11. WITHDRAWAL OF OFFERAt any time prior to the solicitation due date and time, an offeror (or designated representative) may withdraw the bid by submitting a request in writing and signed by a duly authorized representative. Facsimiles, telegraphic or mailgram withdrawals shall not be considered.

12. BID RESULTSBids will be opened on the bid due date, time and location indicated in the Schedule of Events at which time the name of each offeror and the prices shall be read. Bids and other information received in response to the Invitation for Bid shall be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Bids are not available for public inspection until after award recommendation has been posted on the City’s website.

A preliminary bid tabulation will be posted on the Procurement Division’s website, https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations within five (5) calendar days of the bid opening. The information on the preliminary tabulation will be posted as it was read during the bid opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the bids an award recommendation will be posted on the website. No further notification will be provided to unsuccessful offerors.

13. AWARD OF CONTRACTUnless otherwise indicated, award(s) will be made to the lowest responsive, responsible offeror(s) who are regularly established in the service contained in this solicitation and who have demonstrated the ability to perform the required service in an acceptable manner. Factors that will be considered by the City include:

Technical capability of the Offeror to accomplish the scope of work required in the Solicitation. This includes performance history on past and current government or industrial contracts.

Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation.

Safety record.

Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all bids or portions thereof; or (3) reissue a solicitation.

A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Bids do not become contracts until they are executed by the Deputy Finance Director. A contract has its inception in the award, eliminating a


https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations





Phoenix, AZ 85003Phone: (602) 262-7181

formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, unless any of the terms, conditions, or specifications are modified by an addendum or contract amendment.

14. CITY’S RIGHT TO DISQUALIFY FOR CONFLICT OF INTERESTThe City reserves the right to disqualify any offeror on the basis of any real or apparent conflict of interest that is disclosed by the bid submitted or any other data available to the City. This disqualification is at the sole discretion of the City. Any offeror submitting a bid herein waives any right to object now or at any future time, before any body or agency, including but not limited to, the City Council of the City of Phoenix or any court.

15. OFFEROR’S COMPLIANCE WITH HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTSThe Offeror’s products, services and facilities shall be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City.

At the request of the City representatives, the offeror shall provide the City:

Environmental, safety and health regulatory compliance documents (written safety programs, training and records, permits, etc.) applicable to services requested.

A list of all Federal, State and local citations or notice of violations (including but not limited to EPA, OSHA, Maricopa County) issued against the Offeror or their subcontractors including dates, disposition and resolutions.

The City further reserves the right to make unannounced inspections of the Offeror’s facilities (during normal business hours).

16. SOLICITATION TRANSPARENCY POLICYBeginning on the date the solicitation is issued and until the date the contract is awarded or the solicitation withdrawn, all persons or entities that respond to the solicitation for Specialty Vehicles and Equipment Maintenance and Repair Services, including their employees, agents, representatives, proposed partner(s), subcontractor(s), joint venturer(s), member(s), or any of their lobbyists or attorneys, (collectively, the Offerors will refrain, from any direct or indirect contact with any person (other than the designated procurement officer) who may play a part in the selection process, including members of the evaluation panel, the City Manager, Assistant City Manager, Deputy City Managers, Department heads, the Mayor and other members of the Phoenix City Council. As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff who are not involved in the selection process

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through Larry Jue, Senior Buyer, conducted in person at 251 West Washington, Phoenix, Arizona, 85003, and are posted as open meetings with the City Clerk at least twenty-four (24) hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or





Phoenix, AZ 85003Phone: (602) 262-7181

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. Offerors that violate this policy shall be disqualified.

17. PROTEST PROCESSStaff recommendations to award the contract(s) to a particular offeror or offerors shall be posted on the Procurement Division’s website https://www.phoenix.gov/finance/business-opportunities/bid-awards-and-recommendations. Any unsuccessful offeror may file a protest no later than 7 calendar days after the recommendation is posted on the website. All protests shall be in writing, filed with the Procurement Authority identified in the solicitation and include the following:

Identification of the IFB or other solicitation number; The name, address and telephone number of the protester; A detailed statement describing the legal and factual grounds for the protest, including

copies of relevant documents; The form of relief requested; and The signature of the protester or its authorized representative.

The Procurement Authority will render a written decision within 14 calendar days after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed.




SECTION II - STANDARD TERMS AND CONDITIONS



Phoenix, AZ 85003Phone: (602) 262-7181

1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of proposal as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the offeror fails to provide recommended information, the City may, at its sole option, ask the offeror to provide the information or evaluate the offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions shall apply:

“A.R.S.” Arizona Revised Statute

“Offeror” Any person or firm submitting a competitive bid in response to a solicitation such as an Invitation for Bid (IFB) or Request for Quotation (RFQ).

“Broker, Packager, A firm that is not a manufacturer or regular dealer as definedManufacturer’s Representative, herein and whose role is limited to that of an extra participant in Jobber” a transaction, contract or project through which fund are passed

in order to obtain services, materials, equipment or product.

“Buyer” City of Phoenix, City Procurement Division staff person responsible for the solicitation.

“CBP” U.S. Customs and Border Control.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract/Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

"Contract Representative" The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the Contractor's performance under this contract.

“Days” Means calendar days unless otherwise specified.

“Deputy Finance Director” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state





Phoenix, AZ 85003Phone: (602) 262-7181

and employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“EPA” Environmental Protection Agency

“FIFRA” Federal Insecticide, Fungicide and Rodenticide Act

“FIS” Federal Inspection Services.

“Manufacturer” A firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles or equipment required under the contract.

“Offer” Means bid or quotation.

“Regular Dealer” A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. An established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

“Solicitation” Means an Invitation for Bid (IFB) or Request for Quote (RFQ).

“Suppliers” Firms, entities or individuals furnishing goods or services directly to the City.

“Vendor” A seller of goods or services.

2. CONTRACT INTERPRETATION

2.1 APPLICABLE LAW: This Contract shall be governed by the law of the State of Arizona, and suits pertaining to this Contract shall be brought only in Federal or State courts in Maricopa County, State of Arizona.

2.2 IMPLIED CONTRACT TERMS: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

2.3 CONTRACT ORDER OF PRECEDENCE: In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below:

A. Special terms and conditions





Phoenix, AZ 85003Phone: (602) 262-7181

B. Standard terms and conditionsC. Statement or scope of workD. SpecificationsE. AttachmentsF. ExhibitsG. Instructions to OfferorsH. Other documents referenced or included in the Invitation for Bid

2.4 ORGANIZATION – EMPLOYMENT DISCLAIMER: The Agreement resulting hereunder is not intended to constitute, create, give rise to or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor shall have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and shall save and hold the City harmless with respect thereto.

2.5 SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

2.6 NON-WAIVER OF LIABILITY: The City of Phoenix as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable Arizona law.

2.7 PAROL EVIDENCE: This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade shall be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.

3. CONTRACT ADMINISTRATION AND OPERATION

3.1 RECORDS: All books, accounts, reports, files and other records relating to the contract shall be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract. Such records will be produced at a City of Phoenix office as designated by the City.

3.2 PUBLIC RECORD: All bids submitted in response to this invitation shall become the property of the City and become a matter of public record available for review pursuant to Arizona State law.





Phoenix, AZ 85003Phone: (602) 262-7181

If an offeror believes that a specific section of its bid response is confidential, the offeror shall isolate the pages marked confidential in a specific and clearly labeled section of its bid response. The offeror shall include a written statement as to the basis for considering the marked pages confidential including the specific harm or prejudice if disclosed and the City Procurement Division will review the material and make a determination.

3.3 CONFIDENTIALITY AND DATA SECURITY: All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Contractor in connection with this agreement is confidential, proprietary information owned by the City. Except as specifically provided in this agreement, the Contractor shall not disclose data generated in the performance of the service to any third person without the prior written consent of the City Manager, or his/her designee. Personal identifying in information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Contractor must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices.

When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed or reconstructed.

In the event that data collected or obtained by the Contractor in connection with this agreement is believed to have been compromised, Contractor shall notify the City Privacy Officer immediately. Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach.

Contractor agrees that the requirements of this section shall be incorporated into all subcontractor agreements entered into by the Contractor. It is further agreed that a violation of this section shall be deemed to cause irreparable harm justifies injunctive relief in court. A violation of this section may result in immediate termination of this agreement without notice.

The obligations of Contractor under this section shall survive the termination of this agreement.

3.4 DISCRIMINATION PROHIBITED: Contractor agrees to abide by the provisions of the Phoenix City Code Chapter 18, Article V as amended.

Any supplier/lessee in performing under this contract shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The supplier and/or lessee will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability. Such action shall include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The supplier further agrees that this clause will be incorporated in all subcontracts with all labor organizations





Phoenix, AZ 85003Phone: (602) 262-7181

furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract.

Supplier/lessee further agrees that this clause will be incorporated in all subcontracts, job-consultant agreements or subleases of this agreement entered into by supplier/lessee.

3.5 LICENSES AND PERMITS: Contractor shall keep current Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.

3.6 ADVERTISING: Contractor shall not advertise or publish news releases concerning this contract without the prior written consent of the Deputy Finance Director, and the City shall not unreasonably withhold permission.

3.7 EXCLUSIVE POSSESSION: All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the City of Phoenix and shall not be used or released by the Contractor or any other person except with prior written permission by the City.

3.8 OWNERSHIP OF INTELLECTUAL PROPERTY: Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract (“Intellectual Property”), shall be considered work for hire and the City shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the City requesting the issuance of this contract shall own (for and on behalf of the City) the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the City, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the City and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the City. The Intellectual Property shall not be disclosed by Contractor or its subcontractor(s) to any other entity without the express written authorization of the City. If by operation of law, the Intellectual Property is not owned in its entirety by the City automatically upon its creation, then Contractor agrees to assign and hereby assigns to the City the ownership of the Intellectual Property. The Contractor agrees to take such further action and execute and deliver such further agreements and other instruments as the City may reasonably request to give effect to this section 3.8.

It is expressly agreed by Contractor that these covenants are irrevocable and perpetual.

3.9 HEALTH, ENVIRONMENTAL AND SAFETY REQUIREMENTS: The Contractor’s products, services and facilities shall be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City.

At the request of City representatives, the Contractor shall provide the City:





Phoenix, AZ 85003Phone: (602) 262-7181

Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract

A list of all federal, state, or local (EPA, OSHA, Maricopa County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.

The City shall have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City shall also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this agreement. The City further reserves the right to make unannounced inspections of the Offeror’s facilities (during normal business hours).

3.10 COMPLIANCE WITH LAWS: Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether or not they are referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance.

Because the Contractor will be acting as an independent contractor, the City assumes no responsibility for the Contractor’s acts.

3.11 LAWFUL PRESENCE REQUIREMENT: Pursuant to A.R.S. §§ 1-501 and -502, the City of Phoenix is prohibited from awarding a contract to any natural person who cannot established that he or she is lawfully present in the United States. In order to establish lawful presence, this person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. In the event the prevailing responder is unable to satisfy this requirement, the City will offer the award to the next-highest scoring responder. The law does not apply to fictitious entities such as corporations, partnerships and limited liability companies.

3.12 CONTINUATION DURING DISPUTES: Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.

3.13 EMERGENCY PURCHASES: The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.

3.14 STRICT PERFORMANCE: Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.

4. COSTS AND PAYMENTS





Phoenix, AZ 85003Phone: (602) 262-7181

4.1 PAYMENT TERMS: The City shall make every effort to process payment for the purchase of material or services within 30 calendar days after receipt of a correct invoice unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the bid.

4.2 PAYMENT DEDUCTION OFFSET PROVISION: Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.

4.3 LATE SUBMISSION OF CLAIM BY CONTRACTOR: The City will not honor any invoices or claims which are tendered one (1) year after the last item of the account accrued.

4.4 DISCOUNTS: Payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.

4.5 NO ADVANCE PAYMENTS: Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received.

4.6 FUND APPROPRIATION CONTINGENCY: The Vendor recognizes that any agreement entered into shall commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions. The Vendor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Phoenix, which fiscal year ends on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.

4.7 MAXIMUM PRICES: The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. Offeror certifies, by signing this bid that the prices offered are no higher than the lowest price the Offeror charges other buyers for similar quantities under similar conditions. Offeror further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Offeror shall promptly notify the City of such price reductions.

4.8 F.O.B. POINT: All prices are to be quoted F.O.B. delivered, unless otherwise specified elsewhere in this solicitation.

5. CONTRACT CHANGES

5.1 CONTRACT AMENDMENTS: Contracts shall be modified only by a written contract amendment signed by the Deputy Finance Director and persons duly authorized to enter into contracts on behalf of the Contractor.

5.2 ASSIGNMENT - DELEGATION: No right or interest in this contract nor monies due thereunder shall be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor shall be made without prior written permission of the Deputy Finance Director, which may be withheld for good cause. Any assignment or delegation made in violation of this section shall be void.





Phoenix, AZ 85003Phone: (602) 262-7181

5.3 NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Phoenix. The City reserves the right to obtain like goods or services from another source when necessary.

5.4 AUTHORIZED CHANGES: The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both. Any claim for adjustment shall be deemed waived unless asserted in writing within thirty (30) days from the receipt of the change. Price increases or extensions of delivery time shall not be binding on the City unless evidenced in writing and approved by the Deputy Finance Director prior to the institution of the change.

6. RISK OF LOSS AND LIABILITY

6.1 TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction shall not release seller from any obligation hereunder.

6.2 ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract shall be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance shall conform to the cancellation clause set forth in this document.

6.3 GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any Federal, State or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the City.

6.4 INDEMNIFICATION – PATENT, COPYRIGHT AND TRADEMARK. The Contractor shall indemnify and hold harmless the City against any liability, including costs and expenses, for infringement of any patent, trademark or copyright or other proprietary rights of any





Phoenix, AZ 85003Phone: (602) 262-7181

third parties arising out of contract performance or use by the City of materials furnished or work performed under this contract.

The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City of Phoenix and its agents for alleged infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this contract and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney’s fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. It is expressly agreed by the seller that these covenants are irrevocable and perpetual.

6.5 FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure shall not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition.

If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this provision, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.

6.6 LOSS OF MATERIALS: The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the project manager.

6.7 DAMAGE TO CITY PROPERTY: Contractor shall perform all work so that no damage to the building or grounds results. Contractor shall repair any damage caused to the satisfaction of the City at no cost to the City.

Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor shall repair and finish to match existing material as approved by the City at Contractor's expense.

7. WARRANTIES

7.1 GUARANTEE: Unless otherwise specified, all items shall be guaranteed for a minimum period of one (1) year from date of acceptance by the City against defects in material and workmanship. At any time during that period, if a defect should occur in any item that item shall be replaced or repaired by the





Phoenix, AZ 85003Phone: (602) 262-7181

Contractor at no obligation to the City except where it be shown that the defect was caused by misuse and not by faulty design.

7.2 QUALITY: Contractor expressly warrants that all goods or services furnished under this contract shall conform to the specifications, appropriate standards, and will be new and free from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose which goods or services of that kind are normally used. If Contractor knows or has reason to know the particular purpose for which City intends to use the goods or services, Contractor warrants that goods or services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect the Contractor’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor’s warranty shall run to City, its successors, and assigns.

7.3 RESPONSIBILITY FOR CORRECTION: It is agreed that the Contractor shall be fully responsible for making any correction, replacement, or modification necessary for specification or legal compliance. In the event of any call back, Contractor agrees to give the City first priority. Contractor agrees that if the product or service offered does not comply with the foregoing, the City has the right to cancel the purchase at any time with full refund within 30 calendar days after notice of non-compliance and Contractor further agrees to be fully responsible for any consequential damages suffered by the City.

7.4 LIENS: Contractor shall hold the City harmless from claimants supplying labor or materials to the Contractor or his subcontractors in the performance of the work required under this contract. Contractor shall provide written certification that all liens against materials and labor have been satisfied, before the City will make payment.

7.5 QUALITY STANDARDS OF MATERIAL AND SERVICES: If desired by the City, items/services bid shall be subjected to testing, dissection or analysis by a recognized testing laboratory or consultant selected by the City to determine that the material(s) submitted for bid conform to the bid specifications. The cost of testing, dissection or analysis shall be borne by the offeror.

7.6 REPAIR AND REPLACEMENT PARTS: Repair or replacement parts for existing equipment may be accomplished by the Contractor using other than original equipment manufacturer's (OEM) parts. However, all parts or equipment furnished must be equal or exceed that of the original equipment manufacturer(s) in material and warranty.

7.7 WORKMANSHIP: Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective lines of work.

8. CITY’S CONTRACTUAL RIGHTS





Phoenix, AZ 85003Phone: (602) 262-7181

8.1 RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of this contract.

8.2 NON-EXCLUSIVE REMEDIES: The rights and remedies of the City under this Contract are non-exclusive.

8.3 DEFAULT IN ONE INSTALLMENT TO CONSTITUTE BREACH: Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.

8.4 ON TIME DELIVERY: Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Offeror.

8.5 DEFAULT: In case of default by the offeror, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the bid and/or performance bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.

8.6 COVENANT AGAINST CONTINGENT FEES: Seller warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the seller for the purpose of securing business. For breach or violation of this warranty, the City shall have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.

8.7 ESTIMATED QUANTITIES OR DOLLAR AMOUNTS (REQUIREMENTS CONTRACTS ONLY): Quantities and dollar amounts listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during period of this agreement, as determined by actual needs and availability or appropriated funds. It is expressly understood and agreed that the resulting contract is to supply the City with its complete actual requirement for the contract period, except that the estimated quantity shown for each bid item shall not be exceeded by 10 percent without the express written approval of the Deputy Finance Director, Procurement Division. Any demand or order made by any employee or officer of the City of Phoenix, other than the Deputy Finance Director, Procurement Division or designated representative, for quantities in excess of the estimated quantities and dollar amounts shall be void if the written approval of the Deputy Finance Director was not received prior to the Contractor's performance.

8.8 COST JUSTIFICATION: In the event only one response is received, the City may require that the offeror submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable.





Phoenix, AZ 85003Phone: (602) 262-7181

8.9 WORK PRODUCT, EQUIPMENT AND MATERIALS: All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract. Contractor agrees that all materials prepared under this contract are “works for hire” within the meaning of the copyright laws of the United States and assigns to City all rights and interests Contractor may have in the materials it prepares under this contract, including any right to derivative use of the material.

9. CONTRACT TERMINATION

9.1 GRATUITIES: The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

9.2 CONDITIONS AND CAUSES FOR TERMINATION: This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Seller shall submit detailed cost claims in an acceptable manner and shall permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.

The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:

In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;

In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;

In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality.

Contractor fails to furnish the required service and/or product within the time stipulated in the contract;

In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.





Phoenix, AZ 85003Phone: (602) 262-7181

9.3 CONTRACT CANCELLATION: All parties acknowledge that this contract is subject to cancellation by the City of Phoenix pursuant to the provision of Section 38-511, Arizona Revised Statutes.


SECTION III – SPECIAL TERMS AND CONDITIONS



Phoenix, AZ 85003Phone: (602) 262-7181

1. INQUIRIESAll questions that arise relating to this solicitation shall be directed in writing to:

Larry Jue, Senior BuyerCity of Phoenix, Finance Department251 W. Washington Street, 8th FloorPhoenix, Arizona 85003

To be considered, written inquiries shall be received at the above address by February 20, 2015, 12:00 p.m. local Arizona time. Written inquiries may be emailed to [email protected]. Inquiries received will then be answered in an addendum and published on the Procurement Website.

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after the closing date and time for the submission of proposals. All questions concerning or issues related to this solicitation shall be presented in writing.

2. FOB POINTPrices quoted shall be FOB various City of Phoenix locations and unloaded.

3. PRICEAll prices submitted shall be firm and fixed for the initial one year contract period. Thereafter, price adjustments will be considered annually provided the adjustments are submitted in writing with thirty (30) days advance notice. Requests shall be accompanied with written documentation from the manufacturer confirming the price increase. The City will be the sole judge in determining the allowable increase amount. Price adjustment requests shall be sent to Larry Jue, 251 West Washington St., Finance Department – Procurement Division, Phoenix, AZ 85003. Price increases agreed to by any staff other than Deputy Finance Director are invalid. The contractor acknowledges and agrees that it will repay all monies paid a requested price increase unless the price increase was specifically approved in writing by the Deputy Finance Director.

4. MULTIPLE AWARDSThe City reserves the right to award to more than one (1) contractor. The City's decision will be based upon the ability of the primary source to supply acceptable goods or services within the City's time requirements. The City's decision to utilize multiple contractors shall be final and conclusive.

5. AWARDAward will be made on an "all or none" basis by group. For any group, offer must be shown for each item(s) within their group. Submittal without individual item prices listed will be considered as non-responsive and rejected.

6. METHOD OF ORDERING (CONTRACT ORDER RELEASE)Individuals specifically authorized by the Deputy Finance Director, Procurement Division, will place verbal orders directly to Contractor without a purchase order number but must provide a contract order release (COR) number to the Contractor at the time of verbal order placement. Contract order releases will not be mailed to the Contractor. Invoices, packing slips, and delivery tickets must contain the City COR number. A written purchase order will not be issued.





Phoenix, AZ 85003Phone: (602) 262-7181

7. METHOD OF INVOICING Invoice must include the following:

A. City purchase order number, requisition number, or contract agreement number.B. Items listed individually by the written description and part number.C. Unit price, extended and totaled. D. Quantity ordered, back ordered, and shipped.E. Applicable tax.F. Invoice number and date.G. Requesting department name and "ship-to" address.H. Payment terms.I. FOB terms.

8. METHOD OF PAYMENT (CONTRACT ORDER RELEASE)Payment to be made from Contractor’s invoice, a copy of the signed delivery slip, submitted to cover items received and accepted against the contract order release. Invoices must contain the COR number. The invoice shall be included with each delivery or promptly mailed directly to the ordering department.

9. INDEMNIFICATION:(VEHICLE-TRANSPORT-STORAGE-REPAIR)Contractor shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the City.

INSURANCE REQUIREMENTS:Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, his agents, representatives, employees or subcontractors and Contractor is free to purchase additional





Phoenix, AZ 85003Phone: (602) 262-7181

insurance as may be determined necessary.

MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage at least as broad and with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Garage Liability (General Liability) - Occurrence FormPolicy shall include bodily injury, property damage and broad form contractual liability for garage operations, covered autos and operations necessary and incidental to the garage business.

General Aggregate $2,000,000Premises and Operations $1,000,000Products – Completed Operations Aggregate $1,000,000Personal and Advertising Injury $1,000,000Each Occurrence $1,000,000

Garage-keepers Liability:Each Auto $100,000Each Occurrence $1,000,000

Automobile Liability including bodily Injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract

Combined Single Limit $1,000,000

The policy shall be endorsed to include Garage-keepers Liability coverage.

The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor".

The policy shall be endorsed to include coverage for towing (if towing services are included in the scope of services in the Contract or part of the normal operations of the Contractor).

Worker's Compensation and Employers' LiabilityWorkers' Compensation Statutory Employers' Liability

Each Accident $100,000Disease – Each Employee $100,000Disease – Policy Limit $500,000

Policy shall contain a waiver of subrogation against the City of Phoenix.

This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:

Solicitation No. IFB 15-120 (LJ)

Page 25 of 42




Phoenix, AZ 85003Phone: (602) 262-7181

On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

The Contractor's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

NOTICE OF CANCELLATION: For each insurance policy required by the insurance provisions of this contract, the Contractor must provide to the City, within two (2) business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason. Such notice shall be mailed to City of Phoenix Finance Department, Purchasing Division, 251 W. Washington Street, Phoenix, Arizona 85003; emailed to: [email protected] ; or sent by facsimile transmission to (602)-534-1933.

ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract shall be sent directly to City of Phoenix, Deputy Finance Director/Purchasing, 251 West Washington, Phoenix, Arizona 85003. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.

SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the Law Department, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action.

10. OPTION TO EXTENDThe City may, at its option and with approval of the Contractor, extend the period of this contract


mailto:[email protected]




Phoenix, AZ 85003Phone: (602) 262-7181

up to four additional year(s), in increments of up to one year.

11. LEGAL WORKER REQUIREMENTSThe City of Phoenix is prohibited by A.R.S. § 41-4401 from awarding a contract to any Contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees that:

A. Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A.

B. A breach of a warranty under paragraph 1 shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract.

C. The City of Phoenix retains the legal right to inspect the papers of any Contractor or subcontractor employee who works on the contract to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 1.

12. SPECIFICATIONSThe specifications and/or drawings associated with this project are intended to generally describe a complete installation. Any additional materials or labor required for the complete project as intended shall be provided by the Contractor, whether or not it has been detailed in these documents.

13. CONTRACTOR AND SUBCONTRACTOR WORKERS BACKGROUND SCREENINGContractor agrees that all contractor and subcontractors’ workers (collectively “Contractor’s Worker(s))” that Contractor furnishes to the City pursuant to this agreement shall be subject to background and security checks and screening (collectively “Background Screening”) at contractor’s sole cost and expense as set forth in this section. The background screening provided by contractor shall comply with all applicable laws, rules and regulations. Contractor further agrees that the background screening required in this section is necessary to preserve and protect the public health, safety and welfare. The background screening requirements set forth in this section are the minimum requirements for the agreement. The City in no way warrants that these minimum requirements are sufficient to protect contractor from any liabilities that may arise out of the contractor’s services under this agreement or contractor’s failure to comply with this section. Therefore, in addition to the specific measures set forth below, contractor and its contract workers shall take such other reasonable, prudent and necessary measures to further preserve and protect public health, safety and welfare when providing services under this agreement.

BACKGROUND SCREENING REQUIREMENTS AND CRITERIABecause of the varied types of services performed, the City has established three levels of risk and associated background screening. The risk level and background screening required for this agreement is Minimum.

1. Minimum Risk LevelA minimum risk background screening shall be performed when the contract worker:(i) will not have direct access to City facilities or information systems; or(ii) will not work with vulnerable adults or children; or(iii) when access to City facilities is escorted by City’s workers.The background screening for minimum risk shall consist of the screening required by





Phoenix, AZ 85003Phone: (602) 262-7181

A.R.S.§ 41-4401 and following to verify legal Arizona worker status.

2. Standard Risk LevelA standard risk background screening shall be performed when the contract worker’swork assignment will:(i) require a badge or key for access to City facilities; or(ii) allow any access to sensitive, confidential records, personal identifying

information or restricted City information; or(iii) allow unescorted access to City facilities during normal and non business hours.

The background screening for this standard risk level shall include the background screening required for the minimum risk level and a background check for real

identity/legal name, and shall include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the contractor worker has lived at any time in the preceding seven (7) years from the contract worker’s proposed date of hire.

3. Maximum Risk LevelA maximum risk background screening shall be performed when the contract worker’s work assignment will:(i) have any contact with vulnerable people such as children, youth, elderly, or

individuals with disabilities; or(ii) have any responsibility for the receipt of payment of City funds or control

of inventories, assets, or records that are at risk of misappropriation; or(iii) have unescorted access to City data centers, money rooms, or

high-valve equipment rooms; or(iv) have access to private residences; or

(v) have access to Homeland Defense Bureau identified critical infrastructure sites/facilities.

The background screening for this maximum risk level shall include the background screening required for the standard risk level, plus a sexual offender search, a credit check, and driving record search for the preceding seven (7) years from the contract worker’s proposed date of hire. Contract workers who work directly with children or vulnerable adults are also subject to fingerprint verification through the Arizona Department of Public Safety as mandated by Phoenix City Code § 2-45.6.CONTRACTOR CERTIFICATION; CITY APPROVAL OF MAXIMUM RISK BACKGROUND SCREENINGBy executing this agreement, contractor certifies and warrants that contractor has read the background screening requirements and criteria in this section, understands them and that all background screening information furnished to the City is accurate and current. Also, by executing this agreement, contractor further certifies and warrants that contractor has satisfied all such background screening requirements for the minimum and standard risk background screening as required. In addition, for maximum risk background screening, contractor shall furnish to Steve Napier, Tire Program Supervisor. for the City’s review and approval of such background screenings for any contract worker considered for performing services under this agreement where human safety or facility security is classified as a maximum risk level. The subject contract worker shall not apply for the appropriate City of Phoenix identification and access badge or keys until contractor has received the City’s written acceptance of the subject contract worker’s maximum risk background screening. The City may, in its sole discretion, accept or reject any or all the contract workers proposed by contractor for performing work under this agreement. A contract worker rejected for work at a maximum risk level under this agreement





Phoenix, AZ 85003Phone: (602) 262-7181

shall not be proposed to perform work under other City contracts or engagements without City’s prior written approval.

TERMS OF THIS SECTION APPLICABLE TO ALL OF CONTRACTOR’S CONTRACTS AND SUBCONTRACTSContractor shall include the terms of this section for contract worker background screening in all contracts and subcontracts for services furnished under this agreement including, but not limited to, supervision and oversight services.

MATERIALITY OF BACKGROUND SCREENING REQUIREMENTS; INDEMNITYThe background screening requirements of this section are material to City’s entry into this agreement and any breach of this section by contractor shall be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, contractor shall defend, indemnify and hold harmless the City for any and all claims arising out of this background screening section including, but not limited to, the disqualifications of a contract worker by contractor or the City for failure to satisfy this section.

CONTINUING DUTY; AUDITContractor’s obligations and requirements that contract workers satisfy this background screening section shall continue throughout the entire term of this agreement. Contractor shall notify the City immediately of any change to a maximum risk background screening of a contract worker previously approved by the City. Contractor shall maintain all records and documents related to all background screenings and the City reserves the right to audit contractor’s compliance with this section.

14. POST AWARD CONFERENCEA. The recommended Contractor(s) may be required to participate in a Post Award

Conference by the Finance Procurement personnel for the purpose of ensuring a complete understanding of the requirements

B. Upon notification of an award the Contractor(s) will have ten (10) business days to submit a complete certificate of insurance in the minimum amounts and the coverage’s as required in Section III – Special Terms subsection Insurance Requirements of this solicitation. (Note: Insurance requirements are non-negotiable)

C. After the City receives and approves the certificate of insurance the Contractor(s) will receive notice to submit a complete work schedule covering all the locations the group(s) for which they received low bid notification. The Contractor(s) will have five (5) business days to complete and submit the work schedule for each location. Contractor(s) is required to include in the work schedule the number of workers, for each location, they employ to complete the services as specified in scope of work

If any of the above requirements are not met, the Contractor(s) submittal will be deemed non-responsive and the next lowest responsible offeror will receive low bid notification initiating the pre-award qualification process.

15. COMMUNICATION IN ENGLISHIt is mandatory that the Contractor’s lead person assigned to any City’s facility be able to speak, read and write in English in order to communicate at the site contact.

16. PERFORMANCE INTERFERENCEContractor shall notify the City’s department contact immediately of any occurrence and/or condition that interferes with the full performance of the contract, and confirm it in writing within





Phoenix, AZ 85003Phone: (602) 262-7181

twenty-four (24) hours.

Department Contact: Joe Oswald, Methods and Standards Analyst

Phone: 602-495-5184


SECTION IV - SCOPE OF WORK



Phoenix, AZ 85003Phone: (602) 262-7181

1. SCOPE

1.1. The City of Phoenix, Public Works Department, Fleet Services Division (City) operates a diverse fleet of specialized vehicles and equipment ranging from aerials such as man lifts and cranes to street sweepers, sewer cleaners, and trailers. At times, the City may need maintenance or repair services for this fleet including work on auxiliary equipment or heavy-duty truck service bodies. The work under this contract may be complex, labor intensive and require specialized tools and/or training. Work covered under contracts established through IFB 14-024, IFB 14-029, and IFB 14-127 will not be permitted under this contract. Services will be requested on an “as needed” / “if needed” basis for a one year period beginning on or about March 1, 2015.

1.2 The intent of this contract is to award to multiple contractors under each group in order to meet the needs of the City. Contractor(s) will perform repairs to major manufacturer’s products within the City fleet profile. Contractor(s) will provide all necessary labor, materials, parts, accessories, assemblies, and/or components to meet OEM (Original Equipment Manufacturer) guidelines and quality. Historically,

2. CONTRACTOR QUALIFICATIONS

2.1. Contractor(s) will have a minimum of three consecutive years in the related repair business and be completely familiar with the specified requirements and methods needed for proper performance of this contract.

2.2. The Contractor must employ a sufficient number of service technicians to meet the needs of the City under this contract. Each technician will have a minimum of two years experience providing maintenance and repair services for the type of equipment being repaired with at least one technician having National Institute for Automotive Service Excellence (ASE) Master level Medium/Heavy Truck Technician certification or an equivalent level of manufacturer specific training. Additionally, it is expected that technicians will have manufacturer specific training for the City equipment they service when applicable or required. Unqualified employees are not permitted to provide assistance of any kind under this contract.

2.3. For work requiring welding on structural/critical welds, the Contractor(s) will utilize personnel holding the appropriate GSA certifications outlined in the Manufacturer’s Weld Plan. All welds must meet the requirements outlined in the applicable weld plan.

2.4. The Contractor’s facility/repair location must be equipped the appropriate tools and equipment necessary to diagnose and repair equipment systems for the categories they are bidding on. Contractor(s) must have a parts room with sufficient stock to complete routine service and repair procedures. Each repair location must be able to accommodate and secure City equipment while at the Contractor’s facility for repair or waiting for repairs or parts delivery.





Phoenix, AZ 85003Phone: (602) 262-7181

2.5. If the City determines for any reason, that the qualifications, actions or conduct of any particular Contractor(s) employee has violated this agreement or is otherwise detrimental to the City, a written notice will be issued to the Contractor. Upon receipt of such notice, the Contractor will promptly provide a qualified replacement person(s) to provide services under this contract. Examples of such conduct include; performing unsatisfactory services, poor customer service, interfering with operation of City fleet; or inappropriate behavior towards occupants, other Contractor(s) or Subcontractor(s).

2.6. Contractor(s) will not subcontract or use third party companies or use any other parties to perform these services without written authorization from the City. Should authorization for such be granted, use of any Subcontractor(s) or other parties will not relieve, release or affect in any manner the Contractor(s) duties, liabilities or obligations under this contract.

3. CONTRACTOR REQUIREMENTS

3.1. Contractor(s) will provide all parts, supplies and labor necessary to perform repairs, as required, in accordance with all the terms and provisions of this contract. Services performed under this contract must follow all manufacturers’ recommended requirements as well as meeting all manufacturers’ standards, and applicable legal statutes, code requirements, industry standards, and Fleet Services Policies.

3.2. Labor times will be in accordance with time standards established in the industry and published in a labor time standards publication if applicable.

3.3. The Contractor(s) will be responsible for implementing all final settings and adjustments in accordance with manufacturer’s/owner’s/engineer’s specifications.

3.4. Typically, repairs will be made at the Contractor’s facility with vehicle delivery arranged by City staff. Occasionally, work may be requested on-site.

3.5. The City may request equipment pickup and/or delivery service from the Contractor. If requested, the Contractor is responsible for all transportation costs associated with “operational” equipment and will not charge the City. The City will make all towing arrangements in the event equipment is “not operational”. The City reserves the right to make the sole determination of “operational” and “not operational”.

3.6. All Contractor, or subcontractor, employees must have a valid, appropriate class of driver’s license in their possession when operating City equipment. A commercial driver’s license is required for vehicles over 26,000 lbs and the operator must have the appropriate endorsement for the type of vehicle being driven. The Contractor will provide proof of commercial driver’s license upon request of the City.

3.7. Towing from one Contractor to another, including subcontractors, will be scheduled or approved by the authorized City representative prior to performing the tow. The City will either schedule the tow or approve the Contractor’s arrangements. Any charges billed to the City for the Contractor’s arrangements must be done as a pass-through (no mark-up) charge and documentation of the Contractor’s cost shall be provided with the invoice.





Phoenix, AZ 85003Phone: (602) 262-7181

4. RESPONSE AND REPAIR TIME REQUIREMENTS

4.1. Service request calls, placed during normal business hours by an authorized City of Phoenix representative, must be acknowledged within 4 hours by electronic communication and arrangements for transportation made within twenty-four (24) hours.

4.2. Contractor must request and receive prior authorization to perform and charge for diagnostic testing fees. No additional charges will be allowed for the use of diagnostic equipment.

4.3. A written or electronic quote must be provided to, and approved by, the City authorized representative prior to work being performed. The Contractor must provide the quote to the City within 24 hours of receiving City equipment. Each quote must include equipment number, contract number, parts, materials, labor hours and estimated completion date. Freight charges may be accepted on a case-by-case basis. Any freight charges must be pre-approved by the City in writing. If freight is approved, the City reserves the right to determine method of delivery.

4.4. Repairs should be started within twenty four (24) hours of approval unless the otherwise agreed upon by the City. If the Contractor cannot meet the estimated completion date provided in the quote, the Contractor will notify the authorized City representative in writing via email requesting an extension. This notification will include an explanation of the circumstances and the new estimated completion date.

4.5. The Contractor understands that the equipment covered under this contract is critical to the City's operations. Therefore, the Contractor will give priority service to the City and proceed with authorized work in an expeditious manner to ensure that all work is completed within the agreed schedule.

5. INVOICE REQUIREMENTS

5.1. Contractor’s services must be authorized by a City representative prior to work being performed. Supplemental repairs found outside the original scope of the quote must be pre-approved by an authorized City representative in electronic written communication prior to work being performed. Unauthorized modifications or additions to the written quote will not be processed or paid.

5.2. The contractor must provide two itemized invoices, one must accompany the vehicle when equipment is returned to the City and the second must be submitted to Auto Stores per the Special Terms and Conditions. At a minimum the invoice must include the following: identify the City of Phoenix as the customer, the City issued PO number, the four (4) or six (6) digit City equipment number, the IFB or contract number, and a detailed description of work performed along with itemized parts, freight if approved, and labor charges for items repaired.

6. PARTS REQUIREMENTS





Phoenix, AZ 85003Phone: (602) 262-7181

6.1. The Contractor agrees to use new OEM parts in all repairs except in those cases where use of a non-OEM, rebuilt or reconditioned part is approved by an authorized City representative. In those cases, the following requirement must be met:

6.1.1 If a suitable non-OEM, rebuilt or reconditioned part is available, the successful Contractor will contact the City to determine acceptability and obtain approval from the City prior to use.

6.1.2 Non- OEM parts will be OEM equivalent in quality and fitment and will in no way effect the OEM warranty on the vehicle.

6.1.3 All non-OEM, rebuilt or reconditioned parts must visibly display the part number, manufacturing logo and/or insignia.

6.1.4 If a non-OEM, rebuilt or reconditioned part is accepted by the City, the original quote will be adjusted to reflect the change in cost. Likewise, should a non-OEM, rebuilt or reconditioned part be specified in the original estimate and found to be unavailable, the Contractor will contact the City so they may determine and/or approve a substitution and, if appropriate, adjust the original quote to reflect the change in cost.

6.2 If a used part is accepted by the City, the written quote will be adjusted to reflect the change in cost. Likewise, should a used part be specified in the original written quotes and found to be unavailable, the Contractor will contact the City so they determine and/or approve a substitution and, if appropriate, adjust the original quote to reflect the change in cost.

6.3 All parts supplied under this contract will be fully guaranteed, from the date of acceptance by the City, by the Contractor to match the guarantee provided by the parts manufacturer. Any defects of design, workmanship, or materials that would result in non-compliance with the contract requirements will be fully corrected by the Contractor without cost (including parts and labor) to the City.

6.4 The City reserves the right to provide parts to Contractor for services under this contract.

7. INSPECTION & ACCEPTANCE

7.1. Each repair done under this Contract will be subject to a complete inspection by the Fleet Services Division prior to acceptance. Inspection criteria will include, but not be limited to, mechanical integrity, quality, workmanship and materials, and invoice accuracy. The City will have five (5) business days (excluding any City holidays) for this process.

7.2. If the repair is unacceptable, the contractor will pick up the equipment within 24 hours of being contacted and will correct the deficiencies and return the equipment at no additional cost to the City. The City will be the sole determiner of acceptability. No invoices will be processed for payment until repairs are complete and acceptable.





Phoenix, AZ 85003Phone: (602) 262-7181

8. VEHICLE STORAGE

The Contractor(s) will be responsible for adequate and secure storage of all City equipment and/or property at no cost to the City. The Contractor(s) will be responsible for any stolen or damaged equipment or property while it is in the Contractor’s custody.

9. WARRANTY

All warranty work will be initiated within twenty-four (24) hours. The Contractor will warranty all labor and installation for a minimum period of six (6) months, and parts and accessories for a period of twelve (12) months. A “NO CHARGE” invoice will be provided for all warranty repairs detailing: failure, possible cause, parts descriptions and detail description of labor performed.

10. PROMOTIONAL PRICING

The Contractor may offer sales promotions to the City at the Contractor’s discretion, for specific services or groups of services within the scope of this Contract. Sales promotions can include additional rebates, specials, product discounts offered by manufacturers, etc

11. FLEET PROFILE

11.1. The following categories will be available for bid. Vendors must meet the qualifications of this contract for each category they bid:

11.1.1. Sweepers and Street Specialty Equipment

11.1.2. Water Specialty Equipment

11.1.3. Aerial and Crane Equipment

11.1.4. Generators and Compressors

11.1.5. Truck Bodies and Lift Gates

11.1.6. Trailers

11.2. Within each of these categories, the City of Phoenix has a very diverse fleet with many manufacturers, makes, and models. The following lists the major makes that are represented:

11.2.1 Sweepers and Street Specialty Equipment

Advance Broce Crafco





Phoenix, AZ 85003Phone: (602) 262-7181

Cemen-Tech Elgin E-Z Liner

Mark Rite M-B Company Microtraxx

Multi-Quip P.B. Loader Powerboss

Schwarze Street-Tec Sun Country Looper

Tennant Wayne

11.2.2 Water Specialty Equipment

Gorman Rupp Gresco Premier

Serco Flexible Stanley Vac-Con

Vactor Wachs

11.2.3 Aerial and Crane Equipment

Aero-Lift Altec Arm-Lift

Auto Crane Broderson Denka

Dura-Lift JLG Lift-All

Lift-Moore MTI Terex

Tiger Crane Venturo Versa-Lift

11.2.4 Generators and Compressors

Atlas Copco Auragen Boss

Caterpillar Generac Honda





Phoenix, AZ 85003Phone: (602) 262-7181

Ingersoll Rand Kohler Mecc Alte

Olympian Onan Sullair

Vanair

11.2.5 Truck Bodies and Lift Gates

CUES Dakota Body K & H Mfg.

Knapheide Body Maxon Lift Gate Omaha Body

Pacific Body Tommy Lift Gate Waltco Lift Gate

11.2.6 Trailers

Ahart Argo Big Tex

Beall Carson Elite

Evaco Fleming Haul Mark

Kentucky Progressive Top Line

Tow Master Travis Wells Cargo

12. OEM AUTHORIZED REPAIR CENTERS

12.1. Contractors indicating that they are an OEM warranty repair center will be authorized by the OEM manufacturer to provide warranty repair, capable of submitting all necessary warranty paper work and performing all warranty repairs at no cost to the City. Contractors must maintain all factory warranty qualifications. Technicians will be trained and certified though the OEM requirements for a warranty





Phoenix, AZ 85003Phone: (602) 262-7181

repair center. Contractor will be approved to perform factory Recalls and/or Campaigns at the direction of the OEM at no charge to the City.

12.2. When equipment under factory warranty is brought in for service, the contractor must use OEM approved parts only. If parts are used in conjunction with a warranty repair, they will be supplied at no cost to the City.

12.3. The City reserves the right to send no charge warranty repairs to any repair center authorized by the OEM to perform those repairs, whether or not that contractor is part of this repair contract or not.


SECTION V - SUBMITTAL



Phoenix, AZ 85003Phone: (602) 262-7181

Please submit one (1) printed complete original and one (1) complete electronic copy (on a CD/DVD or USB drive). Please submit only Section V, do not submit a copy of the entire document. This offer will remain in effect for a period of 120 calendar days from the bid opening date and is irrevocable unless it is in the City’s best interest to do so.

1. ALL OR NONE BY GROUP BID PRICE SCHEDULE

Note: Prices offered shall not include applicable state and local taxes. The city will pay all applicable taxes. For the purposes of determining the lowest cost, the city will not take tax into consideration. Taxes must be listed as a separate item on all invoices.

Detailed submittal instructions are provided in the Excel Submittal spreadsheets. If you are unable to obtain the spreadsheets, email the Buyer or Procurement Administration at [email protected]. The spreadsheets available are as follows:

Aerial and Crane Equipment Generators and Compressors Sweepers and Street Specialty Equipment Trailers Truck Bodies and Lift Gates Water Specialty Equipment

2. PAYMENT TERMSContractor offers a prompt payment discount of _______% _______ days to apply after receipt of invoice or final acceptance of the products, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate net 30 days, otherwise payment terms shall be 2% 20 days, net 30 days; effective after receipt of invoice or final acceptance of the products, whichever is later. Payment terms offering less than 20 days will not be considered in the price evaluation of your bid.

Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received.

3. EMERGENCY TWENTY-FOUR HOUR SERVICE CONTACT

Name

Telephone Number

Alternate Contact

Telephone Number

4. REFERENCESContractor shall furnish the names, addresses, and telephone numbers of a minimum of three (3) firms or government organizations for which the Contractor currently furnishing or has furnished,

Company Name___________________________________________________________

Solicitation Due Date: Friday, March 6, 2015, 2:00 p.m. Solicitation No. IFB 15-120(LJ)Page 39 of 42

mailto:[email protected]




Phoenix, AZ 85003Phone: (602) 262-7181

in the past, completed service for Specialty Vehicles and Equipment Maintenance and Repair Services.

Company Name

Address

Reference

Telephone Number

Email address

Company Name

Address

Reference

Telephone Number

Email address

Company Name

Address

Reference

Telephone Number

Email address

Company Name___________________________________________________________





Phoenix, AZ 85003Phone: (602) 262-7181

OFFER

TO THE CITY OF PHOENIX:The Undersigned hereby offers and agrees to furnish the material and or service(s) in compliance with all terms, conditions, specifications, and addenda issued as a result of solicitation and any written exceptions in the offer.

Arizona Sales Tax No.

Use Tax No. for Out-of State Suppliers

City of Phoenix Sales Tax No.

Taxpayer’s Federal Identification No.

THE VENDOR MANAGEMENT SYSTEM ID NUMBER. OFFEROR MUST BE IN COMPLIANCE AT THE TIME OF AWARD

NON-COMPLIANCE WILL RESULT IN SUBMITTAL BEING DEEMED NON-RESPONSIVE AND/OR REJECTEDEnter Vendor Management System ID Number

ID number can be located by signing on at http://bizopps.phoenix.gov

Offeror has read, understands, and will fully and faithfully comply with this solicitation, its attachments and any referenced documents. Offeror certifies that the prices offered were independently developed without consultation with any of the other offerors or potential offerors.

Authorized Signature Date

Printed Name and Title

Company Name

Address

City, State and Zip Code

Telephone Number

Company’s Fax Number

Company’s Toll Free #

Email Address

Company Name___________________________________________________________






Phoenix, AZ 85003Phone: (602) 262-7181

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc. and the Contractor’s Offer as accepted by the City.

This contract shall henceforth be referred to as Contract No. . The Contractor has been cautioned not to commence any billable work or provide any material or service under this contract until Contractor receives purchase order, or contract documentation.

City Clerk

Approved as to form this 14 day of September, 2006

This document has been approved as to form by the City Attorney and is on file with the City Clerk. It need not be submitted to the City Attorney for approval unless the form document is altered.

CITY OF PHOENIX, a municipal corporationEd Zuercher, City Manager

James Scarboro, Deputy Finance Director

Awarded this ______ day of _____________, 2014.

Company Name___________________________________________________________


Documents

Solicitation - City of Phoenix, AZ · Web viewA. 025 (Air Compressor and Accessories - Includes all Class Items under 929) B. 890 (Water Supply, Groundwater, Sewage Treatment and